January 2004 - Gilbert + Tobin Centre of Public Law

National Forum on Terrorism and the Rule of Law
The Centre held a successful National Forum on The
War on Terrorism and the Rule of Law on Monday,
10 November 2003 at New South Wales Parliament
House. Over 125 attendees from a wide spectrum of
the community participated in this timely and topical
event.
Given the controversy regarding the passage of the
ASIO Bill, the war on Iraq and continuing spectre of
terrorism in the Australian community since Bali, this
conference allowed Federal and State politicians,
experts in the legal and intelligence community and
public commentators to discuss the balance between
the need for increased security and Australia’s respect
for the rule of law and human rights.
A webcast of the event is available from the Centre
website. Papers from the conference are also available
on the website.
The Hon John Watkins MP, NSW Police Minister:
‘It is appropriate that the topic that I was asked to
address was the State response to September 11
because if a terrorist event were to occur in NSW - it
would overwhelmingly be dealt with as a State matter.’
The Hon Philip Ruddock MP, Commonwealth
Attorney-General:
‘In terms of Australia’s legislative response to terrorism
the very same principles of community acceptance,
opinion and tolerance apply.’
‘But I make no secret of the fact that I do not believe
the legislation as it stands is quite right. As I said
before, sometimes there are trade offs. And we are in
a position where we possibly have an outcome that is
third or fourth best.’
‘We have not - and we will not - shy away from our
responsibility to give our intelligence agencies the
powers they need to fi ght terrorism effectively. If this
means putting new powers into place - so be it.’
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The Hon Senator John Faulkner, Leader of the
Opposition in the Senate (pictured speaking to
Dr Helen Irving):
‘It is somewhat ironic that Ministers and Government
members speaking to the media after the Bill was
passed focussed on the balanced nature of ASIO’s
new powers. They hang their hats on the safeguards,
reassuring everyone there are proper checks and
balances…But those safeguards are all in there as a
result of Labor insisting on them in negotiations with
the Government and because of our amendments in
the Senate.’
Devika Hovell
Devika Hovell, Director, International Law
Project, UNSW (right):
‘The international response to the [Lockerbie disaster]
took 15 years. It was slow and unwieldy, and people
became very frustrated in the process. Nevertheless,
the issue was resolved. And, notably, following the
loss of 270 lives in the bombing itself, no further life
was lost in the resolution of the issue.’
Gilbert + Tobin Centre of Public Law
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